PRABHU Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order will dispose of CWP 842/1986 and 839' of 1986 as common questions of law and facts are involved in both the cases.

(2.) Petitioners in both the cases pray for issuance of the writ-in the nature of certiorari so as to quash notifications dated 28th March, 1985 (Annexure PI) and 15th/16th January, 1986 (Annexure P2) issued under sections 4 and 6 of the Land Acquisition Act (hereinafter called the Act).

(3.) Petitioner of CWP 842/1986 pleads in para 7 that-his father had constructed a pucca house in Khasra No. 1383 having 'A' class construction with a boundary wall. The construction of the house is stated to be prior to issuance of notification under section 4 of the Act. The only ground pressed into service is that inasmuch as there was a constructed house with a boundary wall prior to issuance of notification under section 4 of the Act, the policy of the Government to exempt constructed houses or buildings would not permit the respondents to acquire the constructed house of the petitioner. Petitioners of CWP 839/1986 have pleaded that they have constructed a pucca house having a boundary wall in Khasra No. 1440 prior to the issuance of notification under section 4 of the Act. Besides this, there exists a Samadh of late Pt. Panna Lal, the predecessor-in-interest of the petitioners and a tubewell on the said land. Inasmuch as the construction of the aforesaid house was prior to the issuance of notification under section 4 of the Act, the contention of the learned counsel for the petitioners is that the policy of the Government would not permit them to acquire constructed areas.